IRSHAD AHAMAD MALIK Vs. STATE

JUDGEMENT

(1.) Short controversy involved in the present writ petition relates to entitlement of the petitioner to appointment in Government service on compassionate grounds under Jammu and Kashmir (Compassionate Appointment) Rules 1994, notified vide SRO-43 of 1994. The facts relevant to disposal of the writ petition may be summarised as under:-

(2.) Shri Farooq Ahamad Malik Son of Abdul Qayoom Malik Resident of Udhrana, Tehsil Bhaderwah, District Doda, working as Food Inspector in the Medical Department Gandoh Block died in harness on 23rd May 2000, due to cardiac arrest. The deceased left behind his widow-Tahira Nazneen, parents, two minor children Adil Farooq and Azmat Farooq and siblings including petitioner herein. The petitioner soon after demise of his brother submitted an application dated 20.6.2000 to the Controller, Food and Drugs Control Organisation, J&K Government through Block Medical Officer Health and Family Welfare Gundoh, for his appointment on compassionate grounds under SRO-43 of 1994. The application was duly forwarded by Block Medical Officer Health and Family Welfare Gandoh vide No. 263 dated 20.6.2000 to the Controller, Food and Drugs, Food Control Organisation. Thereafter the petitioner on 27.6.2000 obtained a certificate from Sub Divisional Magistrate, Baderwah, wherein the petitioner was declared as one of the family members left behind by the deceased employee and monthly income of the family was assessed as Rs. 13,906/-. The certificate was duly submitted in support of application. The certificate No. 295-98/2k dated 27th June 2000 was modified vide No. 12-15/ R/2 KI dated 12th April 2001, whereby only widow, two children and the petitioner were declared as the dependent family members of the deceased and the income of the family assessed as Rs. 600/- per month. After the efforts made by the petitioner to get Government employment on compassionate grounds did not bear any fruit, petitioner and Tahira Nazneen on 28.6.2001 submitted a joint application to the Chief Secretary Jammu and Kashmir Government for appointment on compassionate grounds complaining therein that "their case was not being processed" and that hey had no source to fall back upon. When joint application dated 23.6.2001 did not make any impact, the petitioner filed a writ petition registered as SWP No. 1761 of 2001 pleading denial of his Constitutional and Statutory rights, and praying for appropriate directions to the respondents. The writ petition was disposed of on 06.08.2001 as under:-

(3.) The respondents accordingly considered the petitioner's claim and rejected the petitioners case for appointment on compassionate grounds on the grounds that the petitioner was ineligible to enter into Government Service because of his having crossed the upper age limit at the time of death of his brother and that the petitioner was not dependant on his deceased brother as his father (father of the deceased) was still alive and further that the Government did not consider the case to be fit for relaxation in upper age limit in favour of the petitioner. The petitioner not satisfied with the aforesaid Government order filed yet another writ petition registered as SWP No. 3205/2001 reiterating the stand taken in earlier writ petition-SWP No. 1761 of 2001. The second writ petition was disposed of on 31.12.2001 with the following directions:-